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RULE §575.27Complaints

(a) Initiation.

  (1) Complaints submitted to the Board by the public shall be in writing on the complaint form provided by the Board. Complaints shall contain at least the following information:

    (A) the complainant’s name and contact information;

    (B) the name of the person against whom the complaint is submitted;

    (C) the date and place of the alleged violation; and

    (D) a description of the facts or conduct alleged to violate the Act or Board rules.

  (2) The Board may investigate violations on its own initiative.

(b) Preliminary Investigation.

  (1) A preliminary investigation may be conducted to determine:

    (A) whether the Board has jurisdiction over the complaint; and

    (B) whether the matter has been resolved as part of a previous complaint.

  (2) The Board has jurisdiction over a complaint if it alleges conduct that, if true, would constitute a violation of the Act or Board rules.

  (3) The Board does not have jurisdiction over a complaint that is received after the second anniversary of the latest date:

    (A) the alleged violation occurred; or

    (B) the earlier of when the complainant discovered, or in the exercise of reasonable diligence should have discovered, the alleged violation.

  (4) If the preliminary investigation shows that the Board does not have jurisdiction over the complaint, or that the matter has been resolved as part of a previous complaint, the Board may decline to initiate an official investigation. The complainant shall be notified of the reason that the Board declined to initiate an official investigation.

(c) If the Board receives multiple complaints regarding the same respondent and the same alleged violation, the Board may combine the complaints. If the Board receives a complaint with multiple alleged violations, the Board may divide the complaint as needed.

(d) A complainant may withdraw a complaint by submitting a written request to the Board.

Source Note: The provisions of this §575.27 adopted to be effective May 15, 2018, 43 TexReg 3098

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